Case: Department of Fair Employment & Housing v. Law School Admissions Council (LSAC)

3:12-cv-01830 | U.S. District Court for the Northern District of California

Filed Date: March 15, 2012

Closed Date: May 20, 2020

Clearinghouse coding complete

Case Summary

In March 2012, the California Department of Fair Employment and Housing (DFEH) filed a complaint in the Alameda County Superior Court (San Francisco, CA) alleging that the Law School Admissions Council (LSAC) discriminated against and routinely failed to grant appropriate accommodations for test takers with disabilities on the Law School Admissions Test (LSAT). DFEH claimed that LSAC violated the federal Americans with Disabilities Act (ADA), and the California Unruh Civil Rights Act, which i…

In March 2012, the California Department of Fair Employment and Housing (DFEH) filed a complaint in the Alameda County Superior Court (San Francisco, CA) alleging that the Law School Admissions Council (LSAC) discriminated against and routinely failed to grant appropriate accommodations for test takers with disabilities on the Law School Admissions Test (LSAT). DFEH claimed that LSAC violated the federal Americans with Disabilities Act (ADA), and the California Unruh Civil Rights Act, which incorporated by reference all ADA violations. DFEH brought this claim on behalf of 17 California-based LSAT test takers. In April 2012, because the case involved alleged violations of a federal statute, LSAC removed the case to the U.S. District Court for the Northern District of California.

DFEH claimed that LSAC violated the ADA in several ways. First, DFEH alleged that LSAC counted "mitigation measures" (steps taken to reduce the effects of a disability) as undermining a claim by test takers that they had a disability, even though that approach was explicitly prohibited by the ADA under the ADA Amendments Act of 2008. Second, DFEH alleged that LSAC's disability policy failed to "best ensure" that the test measure what it intended to rather than the test taker's disability in violation of the testing provision of Title III of the ADA (42 U.S.C. 12189) and its accompanying regulation (28 C.F.R. 36.309). Third, DFEH alleged that LSAC's policy of "flagging" (annotating the score reports to indicate when a test taker has received an accommodation) violated the ADA, including its prohibition against intimidation or threats against the exercise of ADA rights. Finally, DFEH alleged that LSAC had a pattern of denying reasonable accommodations to test takers, again in violation of the ADA.

On May 17, 2012, LSAC filed a motion to dismiss. It argued that 1) DFEH did not have subject matter jurisdiction; and 2) that even if DFEH was within its power under California law, it failed to state a federal claim upon which relief could be granted. On June 27, 2012, the United States Department of Justice filed a statement of interest supporting DFEH's interpretation of the ADA. DOJ then moved to intervene as a plaintiff in the case on September 5, 2012. In its motion, DOJ cited eight more complainants who were denied accommodations on the LSAT. The Legal Aid Society - Employment Law Center also filed a motion to intervene as plaintiffs on July 27, 2012.

On September 18, 2012, Judge Edward M. Chen issued an order granting in part and denying in part LSAC's motion to dismiss. Judge Chen denied LSAC's motion with respect to each of the substantive claims in the complaint. The Judge granted LSAC's motion to dismiss the case with respect to the defendants whose names were unknown to DFEH at the time of filing. 896 F.Supp.2d 849 (N.D. Cal. 2012).

On October 12, 2012, Judge Chen granted the United States' motion to intervene. The court also allowed the Legal Aid Society - Employment Law Center to intervene, but only to the extent that it represented its three individual complainants. 2012 WL 5077126 (N.D. Cal. Oct. 18, 2012).

On November 9, 2012, LSAC filed a motion to partially dismiss on the basis of improper venue with respect to non-California residents added in the amended complaint. The defendant alleged that that unreasonable expansion of litigation beyond the scope of California residents would impose undue costs and burden. On January 29, 2013, the motion was denied.

DFEH filed a First Amended Group and Class Action Complaint on February 7, 2013 seeking damages and injunctive relief. DFEH moved to proceed for class or group relief on February 21. On March 27, it filed a Second Amended Group and Class Action Complaint. The motion to proceed as a group or class was granted on April 22, 2013.

On September 27, 2013, Judge Chen granted DFEH's motion to file a third amended complaint. The complaint added allegations that LSAC violated California Education Code 99161.5 by: [1] requiring excessive and unnecessary documentation before it would give accommodations; [2] providing an arbitrary and unreliable system of appeals from its accommodations decisions; and [3] by flagging tests that received accommodations in clear violation of the text of the statute. These charges were added after a California Court of Appeals Decision reversed a trial court injunction prohibiting California from enforcing 99161.5 of the Education Code as it violated LSAC's rights under the California Constitution. See LSAC v. California DR-CA-0047.

Meanwhile, the case was referred to Judge Joseph C. Spero for settlement conferences in March 2013. Conferences throughout 2013 and 2014 resulted in a settlement: on May 20, 2014, the parties entered into a proposed consent decree, which included injunctive relief.

Set to last for 4 years, it required the LSAC to comply with the ADA, its implementing regulations and relevant California Law and cease from score flagging. The agreement requires:

  • LSAC must permanently discontinue practice of "flagging" scores of individuals who received accommodations.

  • LSAC must provide the same or similar accommodations to individuals who have previously received them on tests for admission to any post-secondary educational institutions so long as the individuals provide documentation indicating that they were approved for such accommodations and the individual indicates that he or she is still experiencing the disability (there is an exception for testing accommodations that cannot be administered in one day)

  • LSAC's request for documentation shall be reasonable and limited to the testing accommodation requested.

  • LSAC must give "considerable weight to accomodations previously received under 504 or IEP plan.

  • LSAC may not refuse accommodations based solely on the fact that the applicant has not previously received accommodations.

  • LSAC must remove its requirement for an explanation on a request for accommodation form from an evaluator why an individual with a mental impairment was not evaluated while on medication.

  • LSAC is required to appoint an independent monitor.

  • LSAC is required to diversify the variety of expert consultants it uses to evaluate requests for accommodations.

  • LSAC, the United States, and DFEH appointed members to a panel of experts in ADA compliance that will create best practices that LSAC will be required to follow in regard to among other things, the appropriate documentation LSAC can request, whether more than one qualified profession should review applications for accommodations.
  • Any party could appeal the panel's report to the District Court if it believed that the recommendations violated the ADA or its implementing regulations, or California law where applicable, or conflicted with provisions of the Decree.

  • For the length of the decree the LSAC will keep records of all individuals requesting accommodations on the LSAT and make report of those records to the monitor, the United States, and the DFEH.

  • LSAC paid a total of about $8,730,000. This included a civil penalty of $55,000 for violating the ADA (though LSAC denied that it violated the ADA); $7,675,000 in compensatory damages to individual complainants and a fund to compensate those who took the test under the accommodations policies in place from January 2009 to May 2014; and $1 million in attorneys' fees to DFEH and the Legal Aid Society Employment Law Center.

On January 26, 2015, the panel issued its report, which recommended many additional policy changes. Examples included automatic review by an outside expert when the council denies requests; submission of medical documentation dating to when the test taker was 13 years old, in certain cases; and different levels of supporting documentation depending on the accommodations sought.

LSAC appealed the bulk of the report in court on March 26, 2015, arguing that the recommendations conflicted with the decree. The matter was referred to Magistrate Judge Joseph Spero, who on August 7, 2015, granted in part and denied in part the defendant's appeal, holding that the panel had substantially stayed within its mandate. The ruling did invalidate several minor recommendations. For instance, he said, the council did not have to accept evidence that was more than five years old in support of a claim of mental or cognitive impairment; council staff who review accommodations didn't have to complete their reviews within two business days; and the council didn't have to allow at least one panel member to help train the staff who reviewed accommodation requests. 2015 WL 4719613 (N.D. Cal. Aug 7, 2015).

On October 27, 2017, DFEH filed motions of contempt and in limine, claiming that the defendant had violated court orders and deficiencies in the monitor's reports. With the consent decree scheduled to lapse in May 2018, DFEH requested that the court extend the term of the consent decree by two years, replace the ADA monitor and require quarterly audits, grant the DFEH and DOJ access to LSAC's records, and award attorney's fees and costs. DFEH also sought to exclude any findings and reports found by the appointed Monitor. A number of organizations filed amicus curie briefs to support the plaintiffs' motion of contempt, alleging LSAC's history of disability discrimination in its accommodations practices.

On March 5, 2018, Judge Spero granted the motion for a contempt finding and denied the motion in limine. Concluding that the Monitor's conclusions held no bearing on LSAC's contempt of the consent decree, the court found that LSAC's use of "50% emails" to respond to requests for accommodations was in violation of the court's order of compliance because it was an effective denial of disability accommodations in some instances and acted as a "further inquiry" into candidates' eligibility for accommodation. Additionally, "no decision reports" and LSAC's repeated refusal to grant DFEH access to certain files and records for candidates in California also violated the consent decree. LSAC did not substantially comply with the consent decree enough to shield it from an order of contempt. The court granted an extension of two years of the term of the consent decree, incorporation of the Best Practices report into the decree, additional audits by the Monitor, and fees and costs. 2018 WL 1156605. The consent decree will run until six years of the original court filing date, ending on May 20, 2020.

While expressing concerns for the Monitor's performance, the court did not order replacement. Instead, it laid out concrete expectations for his duties moving forward with the decree, including two additional annual audits of LSAC for the remainder of the term.

This case closed.

Summary Authors

Beth Kurtz (10/2/2012)

Brian Kempfer (5/25/2014)

Jessica Kincaid (4/8/2016)

Chelsea Rinnig (5/26/2020)

Related Cases

Law School Admissions Council v. California, California state trial court (2013)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4494912/parties/department-of-fair-employment-and-housing-v-law-school-admission-council/


Judge(s)

Chen, Edward Milton (California)

Spero, Joseph C. (California)

Westmore, Kandis Arianne (California)

Attorneys(s) for Plaintiff

Carrasco, Joni (California)

Chan, Nelson (California)

Hasan, Sami (California)

Hulett, Denise M. (California)

Ichinaga, Jon (California)

Liu, Phoebe P. (California)

Mayeda, Mari (California)

Judge(s)

Chen, Edward Milton (California)

Spero, Joseph C. (California)

Westmore, Kandis Arianne (California)

Attorneys(s) for Plaintiff

Carrasco, Joni (California)

Chan, Nelson (California)

Hasan, Sami (California)

Hulett, Denise M. (California)

Ichinaga, Jon (California)

Liu, Phoebe P. (California)

Mayeda, Mari (California)

Montgomery, Julia (California)

Saylor, Susan (California)

Trasovan, Irina (California)

Villanueva, Ruth Sybil (California)

Attorneys(s) for Defendant

Burgoyne, Robert Anthony (District of Columbia)

Capell, Julie (California)

Darby, Robert E. (California)

Herzog, Eric Andrew (California)

Mew, Caroline M. (District of Columbia)

Van Tol, Joan E. (Pennsylvania)

Other Attorney(s)

Bond, Rebecca B. (District of Columbia)

Center, Claudia B. (California)

Fox, Timothy Patrick (Colorado)

Friel, Gregory (District of Columbia)

Gemello, Gina (California)

Haag, Melinda (District of Columbia)

Hill, Eve L. (District of Columbia)

Kim, Jinny (California)

Kirkendall, Roberta (District of Columbia)

Lee, Bill Lann (California)

McNeill, William Clarence III (California)

Perez, Thomas E. (District of Columbia)

Proctor, Melanie L. (California)

Samuels, Jocelyn (District of Columbia)

Schuller, Megan E. (District of Columbia)

Sinha, Nabina (District of Columbia)

Tse, Alex G. (California)

Winslow, Sara (California)

Wolfe, Kathleen P. (District of Columbia)

Expert/Monitor/Master

Colker, Ruth (Ohio)

Documents in the Clearinghouse

Document

3:12-cv-01830

Docket [PACER]

Department of Fair Employment and Housing v. Law School Admission Council Inc.

March 5, 2018

March 5, 2018

Docket

12621479

Complaint

Department of Fair Employment and Housing v. Law School Admissions Council

California state trial court

March 15, 2012

March 15, 2012

Complaint
13

3:12-cv-01830

Defendant's Motion to Dismiss and Supporting Points and Authorities

Department of Fair Employment and Housing v. Law School Admissions Council

May 17, 2012

May 17, 2012

Pleading / Motion / Brief
25

3:12-cv-01830

Plaintiffs' Opposition to Motion to Dismiss

Department of Fair Employment and Housing v. Law School Admissions Council, Inc.

May 21, 2012

May 21, 2012

Pleading / Motion / Brief
29

3:12-cv-01830

Statement of Interest of the United States of America

Department of Fair Employment and Housing v. Law School Admission Council

July 13, 2012

July 13, 2012

Pleading / Motion / Brief
47

3:12-cv-01830

Notice of Motion and Motion by the United States to Intervene and Points and Authorities and Support

Department of Fair Employment and Housing v. Law School Admission Council, Inc.

Sept. 5, 2012

Sept. 5, 2012

Pleading / Motion / Brief
49

3:12-cv-01830

Order Granting in Part and Denying in Part Defendant's Motion to Dismiss

Department of Fair Employment and Housing v. Law School Admission Council, Inc.

896 F.Supp.2d 849, 2012 WL 4119827

Sept. 18, 2012

Sept. 18, 2012

Order/Opinion
62

3:12-cv-01830

Complaint in Intervention Pursuant to the Americans with Disabilities Act

Department of Fair Employment and Housing v. Law School Admissions Council

Oct. 19, 2012

Oct. 19, 2012

Complaint
63

3:12-cv-01830

Complaint in Intervention for Damages, Equitable Relief, and Attorneys' Fees and Costs for Violations of the Americans with Disabilities Act of 1990

Department of Fair Employment and Housing v. Law School Admission Council

Oct. 19, 2012

Oct. 19, 2012

Complaint
118-2

3:12-cv-01830

Second Amended Group and Class Action Complaint for Damages and Injunctive Relief

The Department of Fair Employment and Housing v. Law School Admission Council

March 12, 2013

March 12, 2013

Complaint

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4494912/department-of-fair-employment-and-housing-v-law-school-admission-council/

Last updated Aug. 4, 2022, 3:20 a.m.

ECF Number Description Date Link Date / Link
1

NOTICE OF REMOVAL (no process) from Alameda County Superior Court. Their case number is RG 12621479. (Filing fee $350; receipt number 34611072914). Filed by Law School Admission Council Inc. (Attachments: # 1 Civil Cover Sheet)(slh, COURT STAFF) (Filed on 4/12/2012) (Main Document 1 replaced on 12/27/2018) (rcsS, COURT STAFF). (Entered: 04/13/2012)

1 Civil Cover Sheet

View on PACER

April 12, 2012

April 12, 2012

RECAP
2

Certificate of Interested Entities or Persons by Law School Admission Council Inc. (slh, COURT STAFF) (Filed on 4/12/2012) (Entered: 04/13/2012)

April 12, 2012

April 12, 2012

PACER
3

Scheduling Order for Cases Asserting Denial of Right of Access under Americans with Disabilities Act. (Attachments: # 1 Standing Order)(slh, COURT STAFF) (Filed on 4/12/2012) (Entered: 04/13/2012)

1 Standing Order

View on PACER

April 12, 2012

April 12, 2012

PACER
4

CLERKS NOTICE Case Management Statement due by 11/30/2012. Case Management Conference set for 12/7/2012 09:00 AM in Courtroom 5, 17th Floor, San Francisco. Plaintiff shall give notice to defendants. This is a text only docket entry, there is no document associated with this notice. (bpf, COURT STAFF) (Filed on 4/13/2012) (Entered: 04/13/2012)

April 13, 2012

April 13, 2012

PACER
5

DEMAND for Trial by Jury by Department of Fair Employment and Housing. (Saylor, Susan) (Filed on 4/17/2012) (Entered: 04/17/2012)

April 17, 2012

April 17, 2012

PACER
6

CERTIFICATE OF SERVICE by Law School Admission Council Inc of Initial Documents (Capell, Julie) (Filed on 4/18/2012) (Entered: 04/18/2012)

April 18, 2012

April 18, 2012

PACER
7

STIPULATION for Extension of Time to Answer or Otherwise Respond to Complaint filed by Law School Admission Council Inc. (Capell, Julie) (Filed on 4/19/2012) (Entered: 04/19/2012)

April 19, 2012

April 19, 2012

PACER
8

MOTION of Robert A. Burgoyne for leave to appear in Pro Hac Vice (Filing fee $ 305, receipt number 34611073168) filed by Law School Admission Council Inc. (Attachments: # 1 Proposed Order)(slh, COURT STAFF) (Filed on 4/19/2012) (Entered: 04/25/2012)

1 Proposed Order

View on PACER

April 19, 2012

April 19, 2012

PACER
9

MOTION of Caroline M. Mew for leave to appear in Pro Hac Vice (Filing fee $ 305, receipt number 34611073167) filed by Law School Admission Council Inc. (Attachments: # 1 Proposed Order)(slh, COURT STAFF) (Filed on 4/19/2012) (Entered: 04/25/2012)

1 Proposed Order

View on PACER

April 19, 2012

April 19, 2012

PACER
10

ORDER by Judge Edward M. Chen granting 8 Motion for Pro Hac Vice (Burgoyne) (bpf, COURT STAFF) (Filed on 5/1/2012) (Entered: 05/01/2012)

May 1, 2012

May 1, 2012

PACER
11

ORDER by Judge Edward M. Chen granting 9 Motion for Pro Hac Vice (Mew) (bpf, COURT STAFF) (Filed on 5/1/2012) (Entered: 05/01/2012)

May 1, 2012

May 1, 2012

PACER
12

MOTION Permission to proceed using fictitious names filed by Department of Fair Employment and Housing. Motion Hearing set for 6/22/2012 01:30 PM in Courtroom 5, 17th Floor, San Francisco before Hon. Edward M. Chen. Responses due by 5/30/2012. Replies due by 6/6/2012. (Attachments: # 1 Declaration Susan Saylor Dec., # 2 Declaration John Doe Dec., # 3 Declaration Jane Doe Dec., # 4 Declaration Peter Roe Dec.)(Saylor, Susan) (Filed on 5/16/2012) (Entered: 05/16/2012)

1 Declaration Susan Saylor Dec.

View on PACER

2 Declaration John Doe Dec.

View on PACER

3 Declaration Jane Doe Dec.

View on PACER

4 Declaration Peter Roe Dec.

View on PACER

May 16, 2012

May 16, 2012

PACER
13

MOTION to Dismiss filed by Law School Admission Council Inc. Motion Hearing set for 7/13/2012 01:30 PM in Courtroom 5, 17th Floor, San Francisco before Hon. Edward M. Chen. Responses due by 5/31/2012. Replies due by 6/7/2012. (Attachments: # 1 Declaration Declaration of Caroline Mew, # 2 Exhibit Mew Decl. Ex. 1, # 3 Exhibit Mew Decl. Ex. 2, # 4 Proposed Order)(Burgoyne, Robert) (Filed on 5/17/2012) (Entered: 05/17/2012)

1 Declaration Declaration of Caroline Mew

View on PACER

2 Exhibit Mew Decl. Ex. 1

View on PACER

3 Exhibit Mew Decl. Ex. 2

View on PACER

4 Proposed Order

View on PACER

May 17, 2012

May 17, 2012

Clearinghouse
14

CLERKS NOTICE resetting motion hearing from 6/22/12 to 7/13/12 at 1:30 p.m. as to 12 MOTION Permission to proceed using fictitious names . Responses due by 5/30/2012. Replies due by 6/6/2012. Motion Hearing set for 7/13/2012 01:30 PM in Courtroom 5, 17th Floor, San Francisco before Hon. Edward M. Chen. This is a text only docket entry, there is no document associated with this notice. (bpf, COURT STAFF) (Filed on 5/22/2012) (Entered: 05/22/2012)

May 22, 2012

May 22, 2012

PACER
15

STIPULATION WITH PROPOSED ORDER re 13 MOTION to Dismiss filed by Department of Fair Employment and Housing. (Attachments: # 1 Declaration Susan Saylor Dec., # 2 Proposed Order Order RE Briefing Schedule)(Saylor, Susan) (Filed on 5/22/2012) (Entered: 05/22/2012)

1 Declaration Susan Saylor Dec.

View on PACER

2 Proposed Order Order RE Briefing Schedule

View on PACER

May 22, 2012

May 22, 2012

PACER
16

(proposed order) re MOTION Permission to proceed using fictitious names re 12 MOTION Permission to proceed using fictitious names filed by Department of Fair Employment and Housing. Motion Hearing set for 7/13/2012 01:30 PM in Courtroom 5, 17th Floor, San Francisco before Hon. Edward M. Chen. Responses due by 5/30/2012. Replies due by 6/6/2012. (Saylor, Susan) (Filed on 5/22/2012) Modified on 5/24/2012 (bpf, COURT STAFF). (Entered: 05/22/2012)

May 22, 2012

May 22, 2012

PACER
17

ORDER APPROVING STIPULATION TO MODIFY BRIEFING SCHEDULE AS TO 13 MOTION to Dismiss. Responses due by 6/21/2012. Replies due by 6/28/2012.. Signed by Judge Edward M. Chen on 5/24/12. (bpf, COURT STAFF) (Filed on 5/24/2012) (Entered: 05/24/2012)

May 24, 2012

May 24, 2012

RECAP
18

NOTICE of Change of Address by Susan Marie Saylor (Saylor, Susan) (Filed on 5/29/2012) (Entered: 05/29/2012)

May 29, 2012

May 29, 2012

PACER
19

RESPONSE (re 12 MOTION Permission to proceed using fictitious names ) filed byLaw School Admission Council Inc. (Attachments: # 1 Exhibit A, # 2 Proposed Order)(Burgoyne, Robert) (Filed on 5/30/2012) (Entered: 05/30/2012)

1 Exhibit A

View on PACER

2 Proposed Order

View on PACER

May 30, 2012

May 30, 2012

RECAP
20

RESPONSE (re 12 MOTION Permission to proceed using fictitious names ) Plaintiff's Response In Support of Motion to Proceed Using Fictitious Names filed byDepartment of Fair Employment and Housing. (Saylor, Susan) (Filed on 6/6/2012) (Entered: 06/06/2012)

June 6, 2012

June 6, 2012

PACER
21

NOTICE OF AUTHORITY by Law School Admission Council Inc re 13 MOTION to Dismiss (Attachments: # 1 Exhibit A)(Burgoyne, Robert) (Filed on 6/19/2012) Modified on 6/20/2012 (slh, COURT STAFF). (Entered: 06/19/2012)

1 Exhibit A

View on PACER

June 19, 2012

June 19, 2012

PACER
22

MOTION for Administrative Relief filed by Department of Fair Employment and Housing. Motion Hearing set for 7/26/2012 09:00 AM in Courtroom 1, 17th Floor, San Francisco before Hon. Edward M. Chen. Responses due by 7/5/2012. Replies due by 7/12/2012. (Saylor, Susan) (Filed on 6/21/2012) Modified on 6/25/2012 (slh, COURT STAFF). (Entered: 06/21/2012)

June 21, 2012

June 21, 2012

PACER
23

Proposed Order re 22 MOTION for Administrative Relief by Department of Fair Employment and Housing. (Saylor, Susan) (Filed on 6/21/2012) Modified on 6/25/2012 (slh, COURT STAFF). (Entered: 06/21/2012)

June 21, 2012

June 21, 2012

PACER
24

STIPULATION re 23 Proposed Order, 22 MOTION for Order of Sale Joint Notice of Motion and Motion for Administrative Relief filed by Department of Fair Employment and Housing. (Saylor, Susan) (Filed on 6/21/2012) (Entered: 06/21/2012)

June 21, 2012

June 21, 2012

PACER
25

RESPONSE (re 13 MOTION to Dismiss, 22 MOTION for Administrative Relief) Plaintiff's Opposition to Motion to Dismiss filed by Department of Fair Employment and Housing. (Saylor, Susan) (Filed on 6/21/2012) Modified on 6/25/2012 (slh, COURT STAFF). (Entered: 06/21/2012)

June 21, 2012

June 21, 2012

Clearinghouse
26

Proposed Order Denying Defendant's 13 Motion to Dismiss by Department of Fair Employment and Housing. (Saylor, Susan) (Filed on 6/21/2012) Modified on 6/25/2012 (slh, COURT STAFF). (Entered: 06/21/2012)

June 21, 2012

June 21, 2012

PACER
27

CLERKS NOTICE VACATING 7/26/12 HEARING (Re Motion #22 and #24). Court to rule on papers. This is a text only docket entry, there is no document associated with this notice.(bpf, COURT STAFF) (Filed on 6/26/2012) (Entered: 06/26/2012)

June 26, 2012

June 26, 2012

PACER
28

NOTICE by Department of Fair Employment and Housing Notice of Case Management Conference (Saylor, Susan) (Filed on 6/26/2012) (Entered: 06/26/2012)

June 26, 2012

June 26, 2012

PACER
29

RESPONSE (re 13 MOTION to Dismiss ) Statement of Interest of the United States of America filed byUNITED STATES OF AMERICA. (Proctor, Melanie) (Filed on 6/27/2012) (Entered: 06/27/2012)

June 27, 2012

June 27, 2012

Clearinghouse
30

REPLY (re 13 MOTION to Dismiss ) filed byLaw School Admission Council Inc. (Burgoyne, Robert) (Filed on 6/28/2012) (Entered: 06/28/2012)

June 28, 2012

June 28, 2012

PACER
31

NOTICE of Appearance by Nabina J. Sinha (Sinha, Nabina) (Filed on 7/3/2012) (Entered: 07/03/2012)

July 3, 2012

July 3, 2012

PACER
32

NOTICE of Appearance by Megan Elizabeth Schuller (Schuller, Megan) (Filed on 7/3/2012) (Entered: 07/03/2012)

July 3, 2012

July 3, 2012

PACER
33

NOTICE of Appearance by Ruth Sybil Villanueva (Villanueva, Ruth Sybil) (Filed on 7/5/2012) (Entered: 07/05/2012)

July 5, 2012

July 5, 2012

PACER
34

ORDER RE THIRD PARTY LETTER OF JUNE 25, 2012. Signed by Judge Edward M. Chen on 07/06/2012. (Attachments: # 1 Letter)(emclc2, COURT STAFF) (Filed on 7/6/2012) (Entered: 07/06/2012)

1 Letter

View on PACER

July 6, 2012

July 6, 2012

RECAP
35

ORDER by Judge Edward M. Chen granting 22 Motion for order of sale (bpf, COURT STAFF) (Filed on 7/9/2012) (Entered: 07/09/2012)

July 9, 2012

July 9, 2012

PACER
36

RESPONSE to re 29 Opposition/Response to Motion Response to U.S. Statement of Interest by Law School Admission Council Inc. (Attachments: # 1 Exhibit A)(Burgoyne, Robert) (Filed on 7/11/2012) (Entered: 07/11/2012)

1 Exhibit A

View on PACER

July 11, 2012

July 11, 2012

RECAP
37

RESPONSE to re 34 Order Response to Letter by LAS-ELC by Law School Admission Council Inc. (Burgoyne, Robert) (Filed on 7/11/2012) (Entered: 07/11/2012)

July 11, 2012

July 11, 2012

PACER
38

Minute Entry: Motion Hearing held on 7/13/2012 before Edward M. Chen (Date Filed: 7/13/2012) re 13 MOTION to Dismiss filed by Law School Admission Council Inc, 12 MOTION Permission to proceed using fictitious names filed by Department of Fair Employment and Housing. Supplemental briefing shall be filed by 7/20/12. Court will then take matter under submission and to issue order. CMC already set for 12/7/12 at 9:00 a.m.(Court Reporter Debra Pas.) (bpf, COURT STAFF) (Date Filed: 7/13/2012) (Entered: 07/13/2012)

July 13, 2012

July 13, 2012

PACER
39

Brief REQUEST FOR LEAVE TO FILE AMICUS CURIAE BRIEF AND AMICUS CURIAE BRIEF filed byLegal Aid Society - Employment Law Center. (Center, Claudia) (Filed on 7/20/2012) (Entered: 07/20/2012)

July 20, 2012

July 20, 2012

PACER
40

RESPONSE (re 13 MOTION to Dismiss ) Supplemental Brief on Motion to Dismiss filed byDepartment of Fair Employment and Housing. (Attachments: # 1 Declaration)(Saylor, Susan) (Filed on 7/20/2012) (Entered: 07/20/2012)

1 Declaration

View on PACER

July 20, 2012

July 20, 2012

PACER
41

MEMORANDUM in Support by Law School Admission Council Inc re 13 MOTION to Dismiss Supplemental Brief (Attachments: # 1 Exhibit 1)(Burgoyne, Robert) (Filed on 7/20/2012) Modified on 7/23/2012 (slh, COURT STAFF). (Entered: 07/20/2012)

1 Exhibit 1

View on PACER

July 20, 2012

July 20, 2012

PACER
42

MOTION to Intervene filed by Legal Aid Society - Employment Law Center. Motion Hearing set for 9/7/2012 01:30 PM in Courtroom 5, 17th Floor, San Francisco before Hon. Edward M. Chen. Responses due by 8/10/2012. Replies due by 8/17/2012. (Attachments: # 1 Memorandum of Points and Authorities, # 2 Declaration Declaration of Claudia Center, # 3 Exhibit Exhibit A, # 4 Proposed Order)(Center, Claudia) (Filed on 7/27/2012) (Entered: 07/27/2012)

1 Memorandum of Points and Authorities

View on PACER

2 Declaration Declaration of Claudia Center

View on PACER

3 Exhibit Exhibit A

View on RECAP

4 Proposed Order

View on PACER

July 27, 2012

July 27, 2012

PACER
43

ORDER Re 39 Request for Leave to File Amicus Curiae Brief. Signed by Judge Edward M. Chen on 08/07/2012. (emclc3, COURT STAFF) (Filed on 8/7/2012) (Entered: 08/07/2012)

Aug. 7, 2012

Aug. 7, 2012

RECAP
44

RESPONSE (re 42 MOTION to Intervene ) filed byLaw School Admission Council Inc. (Attachments: # 1 Proposed Order Exhibit A, # 2 Proposed Order Exhibit B)(Burgoyne, Robert) (Filed on 8/10/2012) (Entered: 08/10/2012)

1 Proposed Order Exhibit A

View on PACER

2 Proposed Order Exhibit B

View on PACER

Aug. 10, 2012

Aug. 10, 2012

PACER
45

REPLY (re 42 MOTION to Intervene ) REPLY BRIEF IN SUPPORT OF PLAINTIFF-INTERVENORS' MOTION TO INTERVENE filed byAndrew Quan. (Center, Claudia) (Filed on 8/17/2012) (Entered: 08/17/2012)

Aug. 17, 2012

Aug. 17, 2012

PACER
46

ORDER by Judge Edward M. Chen Granting 12 Plaintiff's Motion to Proceed Using Fictitious Names. (emcsec, COURT STAFF) (Filed on 8/20/2012) (Entered: 08/20/2012)

Aug. 20, 2012

Aug. 20, 2012

RECAP
47

MOTION to Intervene filed by UNITED STATES OF AMERICA. Motion Hearing set for 10/12/2012 01:30 PM in Courtroom 5, 17th Floor, San Francisco before Hon. Edward M. Chen. Responses due by 9/19/2012. Replies due by 9/26/2012. (Attachments: # 1 Exhibit, # 2 Proposed Order)(Proctor, Melanie) (Filed on 9/5/2012) (Entered: 09/05/2012)

1 Exhibit

View on PACER

2 Proposed Order

View on PACER

Sept. 5, 2012

Sept. 5, 2012

Clearinghouse
48

Minute Entry: Motion Hearing held on 9/7/2012 before Edward M. Chen (Date Filed: 9/7/2012) re 42 MOTION to Intervene filed by Legal Aid Society - Employment Law Center. Court defers ruling on this motion until after the 10/12/12 hearing on USs motion to intervene. Intervenors Quans supplemental reply is due 9/26/12. Defendants sur-reply is due 10/3/12. Court will then issue order. Parties shall be prepared to discuss ADR selection at the 12/7/12 case management conference. (Court Reporter Belle Ball.) (bpf, COURT STAFF) (Date Filed: 9/7/2012) (Entered: 09/07/2012)

Sept. 7, 2012

Sept. 7, 2012

PACER
49

ORDER by Judge Edward M. Chen Granting in Part and Denying in Part 13 Defendant's Motion to Dismiss. (emcsec, COURT STAFF) (Filed on 9/18/2012) (Entered: 09/18/2012)

Sept. 18, 2012

Sept. 18, 2012

Clearinghouse
50

RESPONSE (re 47 MOTION to Intervene ) filed byLaw School Admission Council Inc. (Attachments: # 1 Proposed Order)(Burgoyne, Robert) (Filed on 9/19/2012) (Entered: 09/19/2012)

1 Proposed Order

View on PACER

Sept. 19, 2012

Sept. 19, 2012

PACER
51

STIPULATION WITH PROPOSED ORDER for Extension of Time to File Answer to Complaint filed by Law School Admission Council Inc. (Attachments: # 1 Declaration of Caroline Mew)(Mew, Caroline) (Filed on 9/25/2012) (Entered: 09/25/2012)

1 Declaration of Caroline Mew

View on PACER

Sept. 25, 2012

Sept. 25, 2012

PACER
52

STIPULATION AND ORDER re 51 for Extension of Time to File Answer to Complaint filed by Law School Admission Council Inc. Signed by Judge Edward M. Chen on 9/25/12. (bpf, COURT STAFF) (Filed on 9/25/2012) (Entered: 09/25/2012)

Sept. 25, 2012

Sept. 25, 2012

RECAP
53

REPLY (re 47 MOTION to Intervene ) in Support of Motion by the United States to Intervene filed byUNITED STATES OF AMERICA. (Proctor, Melanie) (Filed on 9/26/2012) (Entered: 09/26/2012)

Sept. 26, 2012

Sept. 26, 2012

PACER
54

Brief re 42 MOTION to Intervene Supplemental Briefing in Support of Plaintiff-Intervenors' Motion to Intervene filed byAndrew Quan. (Related document(s) 42 ) (Center, Claudia) (Filed on 9/26/2012) (Entered: 09/26/2012)

Sept. 26, 2012

Sept. 26, 2012

PACER
55

RESPONSE (re 42 MOTION to Intervene ) Sur-Reply to Supplemental Brief on Plaintiff-Intervenors' Motion to Intervene filed byLaw School Admission Council Inc. (Burgoyne, Robert) (Filed on 10/3/2012) (Entered: 10/03/2012)

Oct. 3, 2012

Oct. 3, 2012

PACER
56

Letter from Plaintiff, Department of Fair Employment and Housing Letter to EMC Requesting Publication. (Saylor, Susan) (Filed on 10/5/2012) (Entered: 10/05/2012)

Oct. 5, 2012

Oct. 5, 2012

PACER
57

Minute Entry: Motion Hearing held on 10/12/2012 before Edward M. Chen (Date Filed: 10/12/2012) re 42 MOTION to Intervene filed by Legal Aid Society - Employment Law Center, 47 MOTION to Intervene filed by UNITED STATES OF AMERICA. (Court Reporter Joan Columbini.) (wsn, COURT STAFF) (Date Filed: 10/12/2012) (Entered: 10/15/2012)

Oct. 12, 2012

Oct. 12, 2012

PACER
58

ANSWER to Complaint with Jury Demand byLaw School Admission Council Inc. (Burgoyne, Robert) (Filed on 10/16/2012) (Entered: 10/16/2012)

Oct. 16, 2012

Oct. 16, 2012

PACER
59

Transcript of Proceedings held on 7-13-2012, before Judge Edward M. Chen. Court Reporter/Transcriber Debra L. Pas, CRR, Telephone number (415) 431-1477. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerks Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction.After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. Release of Transcript Restriction set for 1/14/2013. (Pas, Debra) (Filed on 10/16/2012) (Entered: 10/16/2012)

Oct. 16, 2012

Oct. 16, 2012

PACER
60

ORDER Granting 47 Motion to Intervene by United States of America. Signed by Judge Edward M. Chen on 10/18/2012. (emcsec, COURT STAFF) (Filed on 10/18/2012) (Entered: 10/18/2012)

Oct. 18, 2012

Oct. 18, 2012

RECAP
61

ORDER Granting in Part and Denying in Part 42 Motion to Intervene by Legal Aid Society - Employment Law Center. Signed by Judge Edward M. Chen on 10/18/2012. (emcsec, COURT STAFF) (Filed on 10/18/2012) (Entered: 10/18/2012)

Oct. 18, 2012

Oct. 18, 2012

RECAP
62

First Intervenor COMPLAINT Pursuant to the Americans with Disabilities Act, 42 U.S.C. sec. 12181 et seq. and 122203. Filed byUNITED STATES OF AMERICA. (Proctor, Melanie) (Filed on 10/19/2012) (Entered: 10/19/2012)

Oct. 19, 2012

Oct. 19, 2012

Clearinghouse
63

Intervenor COMPLAINT . Filed byElizabeth Hennessey-Severson, Andrew Quan, Nicholas Jones. (Center, Claudia) (Filed on 10/19/2012) (Entered: 10/19/2012)

Oct. 19, 2012

Oct. 19, 2012

Clearinghouse
64

STIPULATION WITH PROPOSED ORDER Joint Motion to Reschedule CMC; [Proposed] Order filed by UNITED STATES OF AMERICA. (Proctor, Melanie) (Filed on 10/25/2012) (Entered: 10/25/2012)

Oct. 25, 2012

Oct. 25, 2012

PACER
65

STIPULATION AND ORDER re 64 Joint Motion to Reschedule CMC; [Proposed] Order filed by UNITED STATES OF AMERICA Case Management Statement due by 12/7/2012. Case Management Conference set for 12/14/2012 09:00 AM in Courtroom 5, 17th Floor, San Francisco.. Signed by Judge Edward M. Chen on 10/29/12. (bpf, COURT STAFF) (Filed on 10/29/2012) (Entered: 10/29/2012)

Oct. 29, 2012

Oct. 29, 2012

RECAP
66

MOTION to Dismiss Partially Dismiss U.S. DFEH's Complaint filed by Law School Admission Council Inc. Motion Hearing set for 12/14/2012 01:30 PM in Courtroom C, 15th Floor, San Francisco before Hon. Edward M. Chen. Responses due by 11/26/2012. Replies due by 12/3/2012. (Attachments: # 1 Proposed Order Proposed Order Granting Motion to Partially Dismiss Complaint)(Burgoyne, Robert) (Filed on 11/9/2012) (Entered: 11/09/2012)

1 Proposed Order Proposed Order Granting Motion to Partially Dismiss Complaint

View on PACER

Nov. 9, 2012

Nov. 9, 2012

PACER
67

ANSWER to Intervenor Complaint ANSWER TO COMPLAINT IN INTERVENTION BY THE UNITED STATES byLaw School Admission Council Inc. (Burgoyne, Robert) (Filed on 11/9/2012) (Entered: 11/09/2012)

Nov. 9, 2012

Nov. 9, 2012

PACER
68

ANSWER to Intervenor Complaint ANSWER TO COMPLAINT IN INTERVENTION BY PLAINTIFFS-INTERVENORS ANDREW QUAN, NICHOLAS JONES, AND ELIZABETH HENNESSEY-SEVERSON byLaw School Admission Council Inc. (Burgoyne, Robert) (Filed on 11/9/2012) (Entered: 11/09/2012)

Nov. 9, 2012

Nov. 9, 2012

PACER
69

MOTION to Relate Case filed by Alexander Stern. (Attachments: # 1 Declaration, # 2 Proposed Order)(Stern, Andrew) (Filed on 11/26/2012) (Entered: 11/26/2012)

1 Declaration

View on PACER

2 Proposed Order

View on PACER

Nov. 26, 2012

Nov. 26, 2012

PACER
70

RESPONSE (re 66 MOTION to Dismiss Partially Dismiss U.S. DFEH's Complaint ) Opposition to Defendant's Motion filed byUNITED STATES OF AMERICA. (Proctor, Melanie) (Filed on 11/26/2012) (Entered: 11/26/2012)

Nov. 26, 2012

Nov. 26, 2012

PACER
71

CLERKS NOTICE RESETTING MOTION AND CMC FROM 12/14/12 TO 12/17/12 AT 1:30 P.M. as to 66 MOTION to Dismiss Partially Dismiss U.S. DFEH's Complaint. Briefing schedule remains the same (Reply due: 11/30/12). Case Management Statement due by 12/10/2012. Case Management Conference set for 12/17/2012 01:30 PM in Courtroom 5, 17th Floor, San Francisco. Motion Hearing set for 12/17/2012 01:30 PM in Courtroom 5, 17th Floor, San Francisco before Hon. Edward M. Chen. THIS IS A TEXT ONLY DOCKET ENTRY; THERE IS NO DOCUMENT ASSOCIATED WITH THIS NOTICE. (bpf, COURT STAFF) (Filed on 11/27/2012) (Entered: 11/27/2012)

Nov. 27, 2012

Nov. 27, 2012

PACER
72

RESPONSE (re 69 MOTION to Relate Case ) filed byLaw School Admission Council Inc. (Attachments: # 1 Proposed Order)(Burgoyne, Robert) (Filed on 11/30/2012) (Entered: 11/30/2012)

1 Proposed Order

View on PACER

Nov. 30, 2012

Nov. 30, 2012

PACER
73

REPLY (re 66 MOTION to Dismiss Partially Dismiss U.S. DFEH's Complaint ) filed byLaw School Admission Council Inc. (Burgoyne, Robert) (Filed on 12/3/2012) (Entered: 12/03/2012)

Dec. 3, 2012

Dec. 3, 2012

PACER
74

NOTICE of Appearance Department of Fair Employment and Housing (Liu, Phoebe) (Filed on 12/3/2012) (Entered: 12/03/2012)

Dec. 3, 2012

Dec. 3, 2012

PACER
75

ORDER Re Parties' Letters. Signed by Judge Edward M. Chen on 12/6/2012. (emcsec, COURT STAFF) (Filed on 12/6/2012) (Entered: 12/06/2012)

Dec. 6, 2012

Dec. 6, 2012

RECAP
76

NOTICE of Change In Counsel Department of Fair Employment and Housing (Villanueva, Ruth Sybil) (Filed on 12/10/2012) (Entered: 12/10/2012)

Dec. 10, 2012

Dec. 10, 2012

PACER
77

CASE MANAGEMENT STATEMENT (JOINT) and PROPOSED ORDER filed by UNITED STATES OF AMERICA. (Proctor, Melanie) (Filed on 12/10/2012) (Entered: 12/10/2012)

Dec. 10, 2012

Dec. 10, 2012

PACER
78

CLERKS NOTICE RESETTING MOTION TO DISMISS AND CMC FROM 12/17/12 TO TUESDAY 1/29/13 AT 1:30 P.M. as to 66 MOTION to Dismiss Partially Dismiss U.S. DFEH's Complaint. Case Management Statement due by 1/22/2013. Case Management Conference reset for 1/29/2013 01:30 PM in Courtroom 5, 17th Floor, San Francisco. Motion Hearing set for 1/29/2013 01:30 PM in Courtroom 5, 17th Floor, San Francisco before Hon. Edward M. Chen. THIS IS A TEXT ONLY DOCKET ENTRY; THERE IS NO DOCUMENT ASSOCIATED WITH THIS NOTICE. (bpf, COURT STAFF) (Filed on 12/11/2012) (Entered: 12/11/2012)

Dec. 11, 2012

Dec. 11, 2012

PACER
79

ORDER by Judge Edward M. Chen granting 69 Motion to Relate Case (C12-5052 EMC) Stern v. Law School (bpf, COURT STAFF) (Filed on 12/13/2012) (Entered: 12/13/2012)

Dec. 13, 2012

Dec. 13, 2012

PACER
80

NOTICE of Appearance by Mari NMN Mayeda (Mayeda, Mari) (Filed on 1/8/2013) (Entered: 01/08/2013)

Jan. 8, 2013

Jan. 8, 2013

PACER
81

MOTION to Amend/Correct 63 Intervenor Complaint NOTICE OF MOTION AND MOTION OF INDIVIDUAL PLAINTIFF-INTERVENORS FOR LEAVE TO FILE AMENDED COMPLAINT filed by Elizabeth Hennessey-Severson, Nicholas Jones, Andrew Quan. Motion Hearing set for 3/14/2013 01:30 PM in Courtroom 5, 17th Floor, San Francisco before Hon. Edward M. Chen. Responses due by 1/29/2013. Replies due by 2/5/2013. (Center, Claudia) (Filed on 1/15/2013) (Entered: 01/15/2013)

Jan. 15, 2013

Jan. 15, 2013

PACER
82

Brief re 81 MOTION to Amend/Correct 63 Intervenor Complaint NOTICE OF MOTION AND MOTION OF INDIVIDUAL PLAINTIFF-INTERVENORS FOR LEAVE TO FILE AMENDED COMPLAINT MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION OF INDIVIDUAL PLAINTIFF-INTERVENORS FOR LEAVE TO FILE AMENDED COMPLAINT filed byElizabeth Hennessey-Severson, Nicholas Jones, Andrew Quan. (Attachments: # 1 Declaration DECLARATION OF CLAUDIA CENTER IN SUPPORT OF MOTION OF INDIVIDUAL PLAINTIFF-INTERVENORS FOR LEAVE TO FILE AMENDED COMPLAINT, # 2 Exhibit Exhibit A, # 3 Exhibit Exhibit B, # 4 Exhibit Exhibit C)(Related document(s) 81 ) (Center, Claudia) (Filed on 1/15/2013) (Entered: 01/15/2013)

1 Declaration DECLARATION OF CLAUDIA CENTER IN SUPPORT OF MOTION OF INDIVIDUAL PLA

View on PACER

2 Exhibit Exhibit A

View on PACER

3 Exhibit Exhibit B

View on PACER

4 Exhibit Exhibit C

View on PACER

Jan. 15, 2013

Jan. 15, 2013

PACER
83

Renotice motion hearing re 81 MOTION to Amend/Correct 63 Intervenor Complaint NOTICE OF MOTION AND MOTION OF INDIVIDUAL PLAINTIFF-INTERVENORS FOR LEAVE TO FILE AMENDED COMPLAINT CORRECTED NOTICE OF MOTION AND MOTION filed byElizabeth Hennessey-Severson, Nicholas Jones, Andrew Quan. Motion Hearing set for 3/14/2013 01:30 PM in Courtroom 5, 17th Floor, San Francisco before Hon. Edward M. Chen. (Related document(s) 81 ) (Center, Claudia) (Filed on 1/15/2013) (Entered: 01/15/2013)

Jan. 15, 2013

Jan. 15, 2013

PACER
84

MOTION to Shorten Time to Hear Motion For Leave to File First Amended Complaint filed by Department of Fair Employment and Housing. (Liu, Phoebe) (Filed on 1/15/2013) (Entered: 01/15/2013)

Jan. 15, 2013

Jan. 15, 2013

PACER
85

Declaration of Phoebe P. Liu in Support of Plaintiff's 84 MOTION to Shorten Time to Hear Motion for Leave to File First Amended Complaint filed by Department of Fair Employment and Housing. (Attachments: # 1 Exhibit Exhibit 1 of the Declaration of Phoebe P. Liu iso Plaintiff's Motion for Shorten Time to Hear Motion for Leave to File First Amended Complaint)(Liu, Phoebe) (Filed on 1/15/2013) Modified on 1/17/2013 (slhS, COURT STAFF). (Entered: 01/15/2013)

1 Exhibit Exhibit 1 of the Declaration of Phoebe P. Liu iso Plaintiff's Motio

View on PACER

Jan. 15, 2013

Jan. 15, 2013

PACER
86

(Proposed) Order Granting Plaintiff's 85 Motion to Shorten Time to Hear Motion for Leave to File First Amended Complaint filed by Department of Fair Employment and Housing. (Liu, Phoebe) (Filed on 1/15/2013) Modified on 1/17/2013 (slhS, COURT STAFF). (Entered: 01/15/2013)

Jan. 15, 2013

Jan. 15, 2013

PACER
87

MOTION to Amend/Correct Complaint filed by Department of Fair Employment and Housing. Responses due by 1/29/2013. Replies due by 2/5/2013. (Attachments: # 1 Declaration Declaration of Phoebe P. Liu iso Motion for Leave to File First Amended Complaint, # 2 Exhibit Exhibit 1 - Declaration of Phoebe P. Liu iso Motion for Leave to File First Amended Complaint, # 3 Exhibit Exhibit 2 - Declaration of Phoebe P. Liu iso Motion for Leave to File First Amended Complaint, # 4 Exhibit Exhibit 3 - Declaration of Phoebe P. Liu iso Motion for Leave to File First Amended Complaint, # 5 Proposed Order Proposed Order Granting Motion for Leave to File First Amended Complaint)(Villanueva, Ruth Sybil) (Filed on 1/15/2013) (Entered: 01/15/2013)

1 Declaration Declaration of Phoebe P. Liu iso Motion for Leave to File First Amen

View on PACER

2 Exhibit Exhibit 1 - Declaration of Phoebe P. Liu iso Motion for Leave to File Fi

View on PACER

3 Exhibit Exhibit 2 - Declaration of Phoebe P. Liu iso Motion for Leave to File Fi

View on PACER

4 Exhibit Exhibit 3 - Declaration of Phoebe P. Liu iso Motion for Leave to File Fi

View on PACER

5 Proposed Order Proposed Order Granting Motion for Leave to File First Amended Co

View on PACER

Jan. 15, 2013

Jan. 15, 2013

PACER
88

CLERKS NOTICE - PLEASE TAKE NOTICE that effective January 1, 2013, Judge Edward M. Chen's civil calendar will be heard on Thursdays as follows: Case Management Conference at 9:00 a.m.; Status Conference at 10:30 a.m., Law and Motion at 1:30 p.m. Trial will be dark on Thursdays. THIS IS A TEXT ONLY DOCKET ENTRY; THERE IS NO DOCUMENT ASSOCIATED WITH THIS NOTICE. (bpf, COURT STAFF) (Filed on 1/16/2013) (Entered: 01/16/2013)

Jan. 16, 2013

Jan. 16, 2013

PACER
89

ORDER re 84 MOTION to Shorten Time to Hear Motion For Leave to File First Amended Complaint filed by Department of Fair Employment and Housing. Signed by Judge Edward M. Chen on 1/16/13. (emclc3, COURT STAFF) (Filed on 1/16/2013) (Entered: 01/16/2013)

Jan. 16, 2013

Jan. 16, 2013

RECAP
90

RESPONSE (re 84 MOTION to Shorten Time to Hear Motion For Leave to File First Amended Complaint ) filed byLaw School Admission Council Inc. (Attachments: # 1 Proposed Order)(Burgoyne, Robert) (Filed on 1/17/2013) (Entered: 01/17/2013)

1 Proposed Order

View on PACER

Jan. 17, 2013

Jan. 17, 2013

PACER

Set/Reset Deadlines as to 66 MOTION to Dismiss Partially Dismiss U.S. DFEH's Complaint., Set/Reset Deadlines:, Set/Reset Hearing Motion Hearing set for 1/29/2013 01:30 PM in Courtroom 5, 17th Floor, San Francisco before Hon. Edward M. Chen. Case Management Statement due by 1/22/2013. Case Management Conference set for 1/29/2013 01:30 PM in Courtroom 5, 17th Floor, San Francisco. (bpf, COURT STAFF) (Filed on 1/17/2013)

Jan. 17, 2013

Jan. 17, 2013

PACER
91

ORDER by Judge Edward M. Chen granting 84 Motion to Shorten Time; granting 86 Motion to Shorten Time as modified. Opposition to Motion #87 due 1/25/13. Reply due 1/30/13. C ourt will issue on papers. (bpf, COURT STAFF) (Filed on 1/18/2013) (Entered: 01/18/2013)

Jan. 18, 2013

Jan. 18, 2013

PACER

Set/Reset Deadlines as to 87 MOTION to Amend/Correct Complaint. Responses due by 1/25/2013. Replies due by 1/30/2013. Court to issue order on papers. No hearing set. (bpf, COURT STAFF) (Filed on 1/18/2013)

Jan. 18, 2013

Jan. 18, 2013

PACER
92

CASE MANAGEMENT STATEMENT Updated filed by Department of Fair Employment and Housing. (Attachments: # 1 Exhibit Parties Stipulations and Positions Regarding Proposed Order Regarding Discovery, # 2 Exhibit Parties Stipulations and Positions Regarding Proposed Protective Order Respecting Confidential Information)(Villanueva, Ruth Sybil) (Filed on 1/22/2013) (Entered: 01/22/2013)

1 Exhibit Parties Stipulations and Positions Regarding Proposed Order Regarding Di

View on PACER

2 Exhibit Parties Stipulations and Positions Regarding Proposed Protective Order R

View on PACER

Jan. 22, 2013

Jan. 22, 2013

PACER
93

RESPONSE (re 87 MOTION to Amend/Correct Complaint ) filed byLaw School Admission Council Inc. (Attachments: # 1 Proposed Order)(Burgoyne, Robert) (Filed on 1/25/2013) (Entered: 01/25/2013)

1 Proposed Order

View on PACER

Jan. 25, 2013

Jan. 25, 2013

PACER
94

CLERKS NOTICE RESETTING MOTION AND CMC FROM 1:30 P.M. TO 1:00 P.M. ON 1/29/13. Set/Reset Deadlines as to 66 MOTION to Dismiss Partially Dismiss U.S. DFEH's Complaint. Case Management Conference set for 1/29/2013 01:00 PM in Courtroom 5, 17th Floor, San Francisco. Motion Hearing set for 1/29/2013 01:00 PM in Courtroom 5, 17th Floor, San Francisco before Hon. Edward M. Chen. THIS IS A TEXT ONLY DOCKET ENTRY; THERE IS NO DOCUMENT ASSOCIATED WITH THIS NOTICE.(bpf, COURT STAFF) (Filed on 1/28/2013) (Entered: 01/28/2013)

Jan. 28, 2013

Jan. 28, 2013

PACER
95

Transcript of Proceedings held on October 12, 2012, before Judge Edward M. Chen. Court Reporter/Transcriber Joan Marie Columbini, CSR, RPR, Telephone number 415-255-6842, Joan_Columbini@cand.uscourts.gov. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerks Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction.After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. Redaction Request due 2/19/2013. Redacted Transcript Deadline set for 2/28/2013. Release of Transcript Restriction set for 4/29/2013. (Columbini, Joan) (Filed on 1/28/2013) (Entered: 01/28/2013)

Jan. 28, 2013

Jan. 28, 2013

PACER
96

RESPONSE (re 81 MOTION to Amend/Correct 63 Intervenor Complaint NOTICE OF MOTION AND MOTION OF INDIVIDUAL PLAINTIFF-INTERVENORS FOR LEAVE TO FILE AMENDED COMPLAINT ) filed byLaw School Admission Council Inc. (Attachments: # 1 Proposed Order)(Burgoyne, Robert) (Filed on 1/29/2013) (Entered: 01/29/2013)

1 Proposed Order

View on PACER

Jan. 29, 2013

Jan. 29, 2013

PACER
100

Minute Entry: Status Conference (Date Filed: 1/29/2013). (Court Reporter Kelly Shainline.) DOCUMENT FILED UNDER SEAL (rcsS, COURT STAFF) (Date Filed: 1/29/2013) (Entered: 01/31/2013)

Jan. 29, 2013

Jan. 29, 2013

PACER
97

Minute Entry: Motion Hearing held on 1/29/2013 before Edward M. Chen (Date Filed: 1/30/2013) re 66 MOTION to Dismiss Partially Dismiss U.S. DFEH's Complaint filed by Law School Admission Council Inc. Defendants motion on (#66) is denied. Case Management Statement due by 3/21/2013. DFEH's motion to proceed due by 2/21/2013. Further Case Management Conference set for 3/28/2013 01:30 PM in Courtroom 5, 17th Floor, San Francisco. DFEH's motion hearing set for 3/28/2013 01:30 PM in Courtroom 5, 17th Floor, San Francisco before Hon. Edward M. Chen. (Court Reporter Kelly Shainline.) (bpf, COURT STAFF) (Date Filed: 1/30/2013) (Entered: 01/30/2013)

Jan. 30, 2013

Jan. 30, 2013

PACER

Case Details

State / Territory: California

Case Type(s):

Disability Rights

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: March 15, 2012

Closing Date: May 20, 2020

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The California Department of Fair Employment and Housing brought this claim on behalf of LSAT test takers with disabilities who were denied accommodations on the LSAT.

Plaintiff Type(s):

State Plaintiff

U.S. Dept of Justice plaintiff

Attorney Organizations:

U.S. Dept. of Justice Civil Rights Division

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Law School Admissions Council, Private Entity/Person

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

State law

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $8,730,000

Order Duration: 2014 - 2020

Content of Injunction:

Develop anti-discrimination policy

Discrimination Prohibition

Goals (e.g., for hiring, admissions)

Implement complaint/dispute resolution process

Monitor/Master

Monitoring

Reasonable Accommodation

Recordkeeping

Reporting

Issues

General:

Disparate Treatment

Reasonable Accommodations

Testing

Test or device

Discrimination-area:

Testing

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

disability, unspecified

Hearing impairment

Mental impairment

Visual impairment

Mental Disability:

Learning disability

Type of Facility:

Non-government non-profit